The provisions of this zoning chapter shall be administered by the building official, who shall act as an administrative official. They may be provided with the assistance of such other persons as the city manager may direct. It shall be the duty of the administrative official to see that this chapter is enforced through the proper legal channels. Appeal from the decision of the administrative official may be made to the board of adjustment. The administrative official is generally empowered to carry out or conduct any activities essential to the proper administration and enforcement of this chapter, said activities to include, but not be limited to, the following:

(1)

Permits. To issue a building permit and certificate of occupancy when compliance is made with these regulations, to refuse to issue the same in the event of noncompliance, and to give written notice of such refusal and reason thereof to the applicant.

(2)

Collections. To collect the designated fees as set forth in these regulations for building permits, variances, appeals, amendments, and special permits.

(3)

Records. To make and to keep all records necessary and appropriate to the office, including record of the issuance and denial of all building permits and certificates of occupancy, and of receipt of complaints of violation of these regulations and action taken on the same, and to file such record in the office of the building inspector.

(4)

Inspections. To inspect any building or land to determine whether any violations of these regulations have been committed or exist.

(5)

Enforcements. To enforce these regulations and take all necessary steps to remedy any condition found in violation. The city may enjoin any individual or property owner who is in violation of this chapter to prevent or correct such violation. Any individual aggrieved by a violation of this chapter may request an injunction against any individual or property owner in violation of this chapter or may mandamus any official to enforce the provisions of this chapter.

(6)

Advisements. To keep the city manager, planning commission, and board of adjustment advised of all matters other than routine which relate to the administration and enforcement of these regulations.

(Code 1983, § 28-121; Ord. No. K-286, § 1(art. X, § 1), 11-21-1988)

Each permitted use or lot shall have access to a public street or road. The planning commission may permit a single residence or commercial use on land without access to a public street or road, provided that it is connected to a public street by an easement at least 30 feet wide.

(Code 1983, § 28-122; Ord. No. K-286, § 1(art. X, § 2), 11-21-1988)

It shall be unlawful to commence the construction, reconstruction, moving, demolition or structural alteration of any building until the building inspector has issued a building permit for such work. No building permit shall be issued unless the proposed construction or use is in full conformity with all the provisions of these regulations and other applicable building laws, ordinances, or regulations. All applications for building permits shall be accompanied by a plan in duplicate drawn to scale, showing the size of the building to be erected and its location on the zoning lot, the location of any existing buildings or structures, location and dimensions of all driveways and parking or loading areas, drainage and such other information as may be necessary to provide for the administration of this zoning chapter. If the work described in a building permit has not begun within the prescribed time set forth in the building code of the city, said permit shall expire and be cancelled by the building inspector, and written notice thereof shall be given to the persons affected.

(Code 1983, § 28-123; Ord. No. K-286, § 1(art. X, § 3), 11-21-1988)

(a)

Purpose and authority. Certificates of occupancy are required to ensure that completed structures and the development of property of which such structures are a part, comply with the provisions of this chapter, as well as any site plans or conditional approvals for such structures and development. The building inspector shall have the authority and responsibility to issue and keep records of certificates of occupancy in accordance with the requirements set forth in this chapter, and the building code. A certificate of occupancy must be applied for and issued by the building inspector prior to occupancy and use of a structure or premises for any of the following:

(1)

Any new structure.

(2)

Any addition to an existing nonresidential structure.

(3)

Any change in occupancy or use of a building or premises that involves nonresidential occupancy.

(4)

Placement or change in occupancy of any mobile home on any lot or parcel, regardless of use.

(b)

Procedure. A certificate of occupancy shall be applied for coincident with the application for a building permit and must be issued before occupancy and connection of utilities to such building.

(1)

The building official or his/her designated agent shall inspect the property which is the subject of an application within a reasonable time, after a completed application has been filed, and shall issue a certificate of occupancy if the premises of the property comply in all respects with the applicable development regulations in effect for the city. If the premises do not so comply, the building official shall deny the application in a written notice mailed to the applicant within five days after the inspection of the property, specifying the provisions of which ordinance or code the structure or development does not comply.

(2)

A temporary certificate of occupancy may be issued for a portion or portions of a building which may safely be occupied prior to final completion of the building. A temporary certificate of occupancy shall be valid for a period not exceeding six months. Such temporary certificate shall not be construed as in any way altering the respective rights, duties or obligations of the owners or of the city relating to the use or occupancy or any other matter required by this section.

(c)

Contents of certificate of occupancy. Information required for submission to obtain a certificate of occupancy shall include:

(1)

Name of applicant.

(2)

Nature and extent of the applicant's ownership interest in the subject property.

(3)

Address of the property for which a certificate is requested.

(4)

A legal description of the property, the zoning classification for the property, and a statement that the use of the property is allowed or permitted in the zoning classification for the property.

(5)

A site plan for any new construction (same as required for a building permit) for the structure or the development of which such structure is a part is required.

(6)

Such other information as requested by the building official to ensure conformance with applicable development regulations.

Note: Refer to section 40-126(d)(4)d.

(Code 1983, § 28-124; Ord. No. K-286, § 1(art. X, § 4), 11-21-1988; Ord. No. L-144, § 3, 10-6-2003)

Any person or corporation who shall violate any of the provisions of this zoning chapter or fail to comply thereafter with any of the requirements thereof, or who shall build or alter any building in violation of any detailed statement of plans submitted and approved hereunder, shall be guilty of a "class C" misdemeanor and shall be liable to a fine of not more than $100.00. Each day such violation is permitted to exist shall constitute a separate offense. The owner or owners of any building or premises or part thereof where anything in violation of this chapter shall be placed, or shall exist, and any architect, builder, contractor, agent, engineer, person, or corporation employed in connection therewith and who may have assisted in the commission of any such violation, shall be guilty of a separate offense and upon conviction thereof shall be fined as hereinabove provided.

(Code 1983, § 28-125; Ord. No. K-286, § 1(art. X, § 5), 11-21-1988)

Two types of amendments to this zoning chapter are recognized, one being a revision in the textual provisions of the ordinance and the other being a change of boundary in a zoning district.

(1)

Amendment to text. The city board of directors may suggest that the planning commission amend the text of this zoning chapter or the planning commission itself may desire to initiate an amendment. Should the planning commission, after study, request a change in the text, it shall conduct a public hearing on the proposed textual amendment. Following the public hearing, such recommendation shall be submitted to the city board of directors for adoption.

(2)

Change in district boundary. The city board of directors or an owner or legal agent of property may initiate a change in district boundary. If the owner of property desires to revise the boundary line of a zoning district, he/she or his/her legally designated agent shall submit to the planning commission a petition for such rezoning. The petition shall provide the legal description of the property proposed for revision in boundary, a description of the property as it is generally identified or known by the public (such as a street address; or in the case of large tract, a description of its general boundaries), the zoning classification requested for the property, and any other information which the owner feels should be brought to the attention of the planning commission. The disposition of the petition shall be in accordance with the provisions of sections 50-280 and 50-281.

(Code 1983, § 28-126; Ord. No. K-286, § 1(art. X, § 6), 11-21-1988)

(a)

Before a proposed revision in the boundary of a zoning district may be recommended by the planning commission to the city board of directors, it must be the subject of a public hearing. Notice of the public hearing on the rezoning petition shall be published in a newspaper of general circulation in the city at least one time 15 days prior to the hearing. The owner or applicant shall pay the cost of publication of said notice.

(b)

Along with the application, the applicant shall submit to the office of the city planner a certified list of all of those persons, firms or corporations owning property or leasing property located within 300 feet of the property to be affected by the applicant's application. The certified list of property owners or tenants shall be prepared by and certified by an attorney, surveyor, abstract or title office, appropriate public official (i.e., county tax collector, county circuit clerk, or county tax assessor) or any other person commonly or regularly engaged in the business of buying, selling, or transferring property. The certified list submitted to the city planner shall be used for the purpose of providing notice to all of the owners/tenants of property to be affected by the application; however, it shall be the responsibility of the applicant to ensure that all of the owners/tenants of property within the prescribed 300 feet are notified 15 days prior to the date of the public hearing. All applications and required attachments shall be submitted on or before 21 days prior to the date of the public hearing to be conducted by the planning commission.

(Code 1983, § 28-127; Ord. No. K-286, § 1(art. X, § 7), 11-21-1988; Ord. No. M-90, § 4, 10-21-2013)

If all procedural requirements above are satisfied, the planning commission and the city board of directors shall proceed in the following manner:

(1)

The planning commission shall conduct the public hearing on the proposed amendment to the ordinance and/or official zoning map.

(2)

Following the public hearing, the proposed amendment or change of district boundary may be approved as presented or in modified form by a majority vote of the planning commission with recommendation for adoption by the city board of directors.

(3)

If the planning commission disapproves a proposed amendment or rezoning petition, the reason for such disapproval shall be given in writing to the petitioner within 15 days from the date of the hearing.

(4)

Following disapproval of a proposed amendment by the planning commission, the petitioner may appeal such disapproval to the city board of directors, provided that the petitioner states specifically in writing to the city clerk why he/she considers the planning commission's findings and decisions are in error. Such appeal to the city board of directors shall be filed with the city clerk within 30 days after the planning commission's denial. No such amendment will be considered by the city board of directors unless appealed in accordance with this section.

(5)

The city board of directors, by a majority vote, may, by ordinance, adopt a recommended amendment submitted by the planning commission or may return the proposed amendment to the planning commission for further study and recommendation.

(6)

If the city board of directors does not concur with the recommendation of the planning commission, either as first submitted or as submitted after re-study, or with regard to an appealed matter, the city board of directors may, by majority vote, amend this chapter by granting the request for amendment in full or in modified form.

(7)

No application for a zoning amendment will be reconsidered by the planning commission for a period of 12 months of elapsed time from the date of final disapproval of the proposed amendment, unless the planning commission determines by three-fourths majority vote that a substantial reason exists for waiving this mandatory waiting period.

(Code 1983, § 28-128; Ord. No. K-286, § 1(art. X, § 8), 11-21-1988)

Before any action shall be taken as provided in this chapter, the applicant shall submit a fee with the application in accordance with the schedule below. Under no condition shall the fee or any part thereof be refunded for failure of said action to be approved by the city:

(1)

Rezoning application fee.

Single-family residential. .....$100.00

Multifamily residential. .....$200.00

Nonresidential (industrial and commercial) .....$200.00

Planned unit development (PUD) .....$300.00

Limited mixed use rural .....$100.00

Rezoning to A-1 mixed use .....$100.00

(2)

Conditional use permit application fee.

Residential .....$100.00

Commercial .....$200.00

Industrial .....$250.00

Board of adjustment (including any application to the board of adjustment for a variance, purposes of an appeal permitted under this chapter or for interpretation of zoning district boundaries under section 28-13(f)) .....$200.00

(3)

Certificate of occupancy.

Residential .....$25.00

Nonresidential .....$30.00

Temporary power .....$35.00

Condemned or tagged structures .....$30.00

Temporary trailer for office at construction or work site (per trailer) .....$250.00

(Code 1983, § 28-129; Ord. No. K-286, § 1(art. X, § 9), 11-21-1988; Res. No. 5918, 8-6-2012; Ord. No. 16-2017, § 5, 7-5-2017; Ord. No. 16-2017, § 5, 7-5-2017; Ord. No. 20-2024, § 1, 8-5-2024)